MATRIMONIAL PETITIONS UNDER HMA

Matrimonial Petitions under HMA

Matrimonial Petitions under HMA, Special Marriage, Divorce Act

Hindu Marriage Act, Divorce, Maintenance, Restitution of Conjugal Rights

MUTUAL CONSENT DIVORCE PETITION FORMAT

UNDER SECTION 13(1)(B) OF HINDU MARRIAGE ACT 1955

DRAFT FORMAT OF THE MUTUAL DIVORCE PETITION

BEFORE THE PRINCIPAL JUDGE, FAMILY COURT AT ___________

HMA PETITION No._______ OF___ 20__

IN THE MATTER OF:

(Name and address of the Husband) : Petitioner No.1

(AND)

(Name and address of the wife) : Petitioner No.2

PETITION UNDER SECTION 13 (1) (i-b) OF THE HINDU MARRIAGE ACT FOR DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT

MOST RESPECTFULLY SHOWETH:-

1. That The marriage between the parties was solemnized on ______at _______, by Hindu rites and ceremonies. The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e. ______________. The particulars showing the details of the parties to the present petition is given hereunder:-

HUSBAND

BEFORE MARRIAGE.

Age Address Status

AFTER MARRIAGE

Age Address Status

WIFE

BEFORE MARRIAGE

Age Address Status

AFTER MARRIAGE

Age Address Status

2. That there is one boy name____ Date of Birth ____ age____ out of the wedlock of the parties. The parties mutually agreed to give custody of the child to Husband / Wife.

3. That the parties could not adjust with each other due to temperamental differences and their marriage has broken down irretrievably and it is now not possible between the parties live as husband and wife any more.

4. That all the efforts of reconciliation between the parties to continue the present marriage has failed and there are no further chances of reconciliation between the parties any more.

5. That the parties are residing separately since _____________ and there is no cohabitation between the parties since then.

6. That the parties have now decided to dissolve the marriage legally through a decree of divorce on mutual consent. The parties have settled all their claims, counter claims etc. and the respondent wife has received her entire Stridhan, Permanent alimony, maintenance etc. and there is no due with regard to any other claim between the parties now.

7. That the party has decided to withdraw all the complaints, counter complaints against each other.

8. That the present petition is not being filed in collusion.

9. That there are no other divorce proceedings pending before any other court.

10. That the matrimonial home of the parties was at ____________hence this court has the jurisdiction to grant the decree of divorce as prayed for.

11. That there are no legal impediments in grant of the decree of divorce to the parties on the basis of mutual consent.

PRAYER

It is most respectfully prayed that the court may accept the present petition and grant a decree of divorce between the parties thereby, dissolving the marriage between the parties.

Any other order which the court may deem fit and proper in the facts and circumstances of the present case be also passed in favour of the petitioners.

Petitioner No.1 Petitioner No.2

Note

Mutual consent Divorce Petition draft should be annexed with the following documents:

1. Affidavit of both the parties.

2. Joint photographs of parties at the time of marriage

3. Proof of residence of both the parties

4. Proof of identity of both the parties

IN THE COURT OF THE _____________ JUDGE AT _________

MATRIMONIAL CASE NO. __________ OF 20__

IN THE MATTER OF:

Mr. ALU_________ PETITIONER

VERSUS

MRS. GOBI __________ RESPONDENT

PETITION UNDER SECTION 9 OF HINDU MARRIAGE ACT 1955 FOR RESTITUTION OF CONJUGAL RIGHTS

MOST RESPECTFULLY SHOWETH:

The Petitioner, above named states as under:

1. That marriage of the Petitioner and the Respondent was solemnized on __________ at ____________ according to Hindu rites and ceremonies. The marriage was registered with the Registrar of marriages at ___________. Certified copy of the extract from the concerned register is attached herewith as Annexure P1.

2. That the status and place of

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Matrimonial Petitions under HMA Format

Need a reliable Matrimonial Petitions under HMA for Indian use? Download this customisable legal template on Contract Easily in PDF or Word, fill in parties, dates and particulars, and execute with the attestation or stamp formalities that apply in your State.

What is a Matrimonial Petitions under HMA?

A Matrimonial Petitions under HMA is a ready-to-use court pleading / petition under the General Agreements collection. It sets out the roles of the parties, the subject matter, and the operative terms you must complete before signing. In India such drafts are generally read with the Indian Contract Act, 1872 and any subject-specific statute that fits the document (for example CPC/BNSS for pleadings, Transfer of Property / Registration practice for deeds, or stamp/notary rules for affidavits)—customise only what truly applies to your facts.

From the operative draft, this template typically covers points such as: “That The marriage between the parties was solemnized on ______ at _______ , by Hindu rites and ceremonies.” “The said marriage was consummated thereafter and the parties co-habited as husband and wife at the matrimonial home i.e.”

Why is a Matrimonial Petitions under HMA Important?

Clarity of parties and purpose: Reduces disputes over who is bound and what was agreed.
Structured blanks: Forces completion of names, dates, amounts, schedules and annexures.
Risk allocation: Keeps operative clauses (consideration, duties, default, termination) visible before signing.
Evidence value: A filled, signed template is far stronger than informal chats or unsigned drafts.
Process readiness: Helps you prepare for notary, registration, filing or commercial execution as applicable.
Faster turnaround: Starts from a tested skeleton instead of a blank page.

Key Elements of the Matrimonial Petitions under HMA Format

Title and parties: Full legal names and addresses of every side.
Recitals / background: Short context of why the document is being made.
Operative clauses: The binding promises, rights and duties.
Consideration / fees / amounts: Money, services or other exchange, if any.
Schedules and annexures: Property, equipment, claims or particulars lists.
Duration, renewal and termination: How long it runs and how it ends.
Default and remedies: What happens on breach.
Governing law / dispute route: Indian law and forum/arbitration as drafted.
Execution block: Signatures, witnesses, date and place.
Stamp / attestation notes: Complete as required in your State.

Who Should Use This Matrimonial Petitions under HMA Format?

Individuals, firms and companies that need a practical Indian court pleading / petition.
Advocates and clerks who want a clean starting draft to customise.
Businesses standardising vendor, HR, property or litigation paperwork.

Download Your Ready-to-Use Matrimonial Petitions under HMA Now

Get instant access to this Matrimonial Petitions under HMA on Contract Easily. Customise the blanks, review with counsel where stakes are high, and download for execution.

Final Note

This template is a general format for convenience. It is not a substitute for advice from a qualified Indian advocate. Stamp duty, registration, court fees and attestation rules vary by State and document type—confirm local requirements before signing or filing.

Important Guidelines

Customise this Matrimonial Petitions under HMA to your facts: enter party names and addresses exactly as on ID or incorporation records, fill all blanks (dates, amounts, schedules), and keep operative clauses intact unless counsel advises otherwise. Confirm State stamp, notary, registration or filing rules before signing, and keep copies of the executed set. This is a general Indian court pleading / petition template—not a substitute for advice from a qualified advocate.

Supporting Documents

Documents commonly required when preparing and executing a Matrimonial Petitions under HMA. Exact lists vary by State and receiving authority.

Photo identity proof of parties / deponent
Aadhaar, PAN, passport, voter ID, or driving licence.
When: Always, for identification and KYC.
Address proof
Aadhaar, utility bill, or other accepted address proof.
When: Usually required for notarization / filing.
Supporting title or factual documents
Prior deeds, agreements, notices, court papers, or records relevant to this template.
When: When the document relies on earlier transactions or proceedings.
Passport-size photographs
As required by the notary or filing office.
When: Often for affidavits and certain applications.
Stamp paper (if applicable)
Non-judicial stamp paper of the local required denomination.
When: Where State law requires the instrument on stamp paper.

Frequently asked questions

What is a Matrimonial Petitions under HMA?→

It is a standard Indian legal court pleading / petition template you can customise with parties, dates and particulars, then execute or file as your facts and local practice require.

Is this template valid across India?→

The structure is drafted for Indian legal practice, but stamp duty, registration, court fee and attestation rules are State-specific. Confirm requirements where you will execute or file.

Do I need a lawyer to use this template?→

It is a strong starting point. For disputed, high-value or complex matters, have a qualified Indian advocate review the completed draft before signing.

Can I edit the wording?→

Yes—adapt particulars to your facts. Do not delete operative legal clauses without advice, as that can weaken enforceability.

What stamp paper value should I use?→

Stamp duty depends on the document type and your State. Check the local stamp schedule or ask a stamp vendor / advocate before printing.